High Court Could Put Patent Burden Of Proof On Licensees

Expert Analysis

• An Opportunity To Limit Prop 65 Abuse

  

  The long-awaited proposed reforms to California's Proposition 65 are welcome and needed as they would greatly reduce the number of frivolous Prop. 65 lawsuits and alleviate the defense costs for manufacturers, says Mark Johnson of Alston & Bird LLP.

• DOD's Proposal Checklist: A Useful Tool With Some Risks

  

  While the U.S. Department of Defense's new “proposal adequacy checklist" very well may prove to aid defense contractors in preparing more thorough, accurate and complete proposals, the checklist also provides another opportunity for mistakes in a proposal, says Ryan Bradel of Greenberg Traurig LLP.

• Wakeup Call For Health Facilities Aiding Deaf Patients

  

  The U.S. Department of Justice's five newly announced settlements — one with a hospital, two with rehabilitation centers and two with private specialty practices — highlight the agency's continuing focus on providers and their practices when providing medical information to deaf patients or companions, say Nathan Kottkamp and Melissa Taylormoore of McGuireWoods LLP.

• Ill.'s Unclear Endorsement For Asbestos-Injury Losses

  

  The Illinois appellate court decision in John Crane Inc. v. Admiral Insurance Co. on joint and several liability of excess insurers covering asbestos-related injury claims left several questions unanswered — most importantly, regarding separate injury triggers and the "all sums with stacking" approach, say attorneys with Wilson Elser Moskowitz Edelman & Dicker LLP.

• A Buzz Kill For Colo. Marijuana User-Employees

  

  The recent precedent-setting decision in Coats v. Dish Network LLC appears to foreclose marijuana users’ most compelling argument against termination for off-duty, off-premises marijuana use. It further suggests that Colorado courts may continue protecting employers’ rights to enforce drug policies, notwithstanding the state’s legalization effort, say attorneys with Holland & Hart LLP.

• High Court Takes On Declaratory Judgment Burden Of Proof

  

  With the U.S. Supreme Court granting certiorari in Medtronic Inc. v. Boston Scientific Corp., it will help clarify who bears the burden of proof in a declaratory judgment action. If the court affirms the Federal Circuit, the traditional patent law for this type of controversy will be turned on its head, requiring a licensee to disprove infringement, says Shashank Upadhye of Seyfarth Shaw LLP.

• Recent FERC Ruling Dashes Hopes Of Oil Pipeline Watchers

  

  The outcome of High Prairie LLC v. Enbridge Energy LP turned out to be a disappointment for industry watchers hoping for a definitive ruling on whether the Federal Energy Regulatory Commission would break with well-established precedent and require an interstate oil pipeline to interconnect with another pipeline, say attorneys with Bracewell & Giuliani LLP.

• Harrisburg Demonstrates Danger Of Public Statements

  

  The U.S. Securities and Exchange Commission has long made clear that when information about a municipal issuer is reasonably expected to reach investors and the trading markets, those disclosures are subject to anti-fraud laws. But the recent Harrisburg, Pa., enforcement represents the first time the SEC has charged a municipality for misleading statements made outside of its securities disclosure documents, say attorneys with Day Pitney LLP.

• 4 UK Bribery Act Myths — Debunked

  

  The U.K. Bribery Act is somewhat complicated. Not surprisingly, therefore, misperceptions have arisen regarding its provisions, especially regarding the requirements, scope and exclusivity of Section 7 corporate liability, says Eli Richardson of Bass Berry & Sims PLC.

• Venue Change May Impact Actions Against Foreign Patentees

  

  For nearly 60 years, declaratory judgment actions against foreign patentees were filed in the U.S. District Court for the District of Columbia. Section 293 of the America Invents Act replaces the District of Columbia with the Eastern District of Virginia as the appropriate venue, which may have a profound impact on this narrow — but oftentimes crucially important — subset of cases, says Bill Sigler of Fisch Hoffman Sigler LLP.